Producers and importers of ethanol denaturant that is suitable for the manufacture of denatured fuel ethanol (DFE) meeting federal quality requirements may designate the denaturant as certified ethanol denaturant if the following requirements are met.

(a) Standards.

(1) The sulfur content must not be greater than 330 ppm as determined in accordance with the test requirements of §80.1630. If the denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content lower than 330 ppm in the PTD (for example, no greater than 120 ppm), then the actual sulfur content must be no greater than the stated value as determined in accordance with the requirements of §80.1644.

(2) The ethanol denaturant must be composed solely of carbon, hydrogen, nitrogen, oxygen and sulfur.

(3) Only previously certified gasoline (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, or natural gas liquids may be used as denaturants.

(b) Registration. Unless registered under §80.76, §80.103, or §80.1450, the producer or importer of ethanol denaturant must register with EPA pursuant to the requirements of §80.1650.

(c) PTDs. In addition to any other product transfer document requirements under this part 80, on each occasion when any person transfers custody or title to any certified ethanol denaturant upstream of a DFE production or import facility, the transferor shall provide to the transferee product transfer documents which include all the following information.

(1) The following statement: “Certified Ethanol Denaturant suitable for use in the manufacture of denatured fuel ethanol meeting EPA standards.”

(2) The PTD must state the sulfur content is 330 ppm or less, or if the certified ethanol denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content lower than 330 ppm the PTD must state that lower sulfur maximum (e.g., has a sulfur content of 120 ppm or less).

(3) Alternative PTD language to that specified in paragraph (c)(1) of this section may be used as approved by EPA.

(d) Batch numbers. Every batch of certified ethanol denaturant produced or imported at a denaturant production or import facility shall be assigned a number (the “batch number”), consisting of the EPA-assigned ethanol denaturant producer or importer registration number, the EPA facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number (e.g., 4321-54321-95-000001, 4321-54321-95-000002, etc.).

[79 FR 23655, Apr. 28, 2014, as amended at 80 FR 9099, Feb. 19, 2015]